People convicted of felonies in Florida often not only have to serve sentences but also usually lose certain rights and privileges, including the right to vote. As such, if they subsequently vote in a state or national election, they may be charged with additional crimes. Recently, a Florida court clarified which government agencies in Florida have the right to prosecute such offenses in a matter in which the state appealed the dismissal of charges related to voter fraud. If you are accused of a crime of fraud, it is smart to speak with a Clearwater fraud crime defense lawyer about your options.
Factual and Procedural Background
It is reported that the defendant was charged with providing a false affirmation on a voter registration application and voting as an unqualified elector. The charges stemmed from his conviction in 1989 for violating Florida Statutes, which caused him to lose his voting rights under the Florida Constitution. Despite not having his voting rights restored, the defendant submitted voter registration applications in 2019 and 2020, affirming on both that he was either not a convicted felon or that his voting rights had been restored.
Allegedly, the defendant subsequently voted by mail in the 2020 election. The Office of Statewide Prosecution (OSP) charged him with violating voter registration and voting laws. The defendant moved to dismiss the charges, arguing that the OSP lacked jurisdiction because the alleged crimes occurred solely in Broward County and did not affect two or more judicial circuits as required for OSP jurisdiction. The trial court agreed with the defendant and dismissed the charges, finding that the OSP did not have jurisdiction to prosecute the case. The state appealed.
Jurisdiction to Prosecute Cases
On appeal, the state argued that the 2023 amendments to the statute governing OSP’s jurisdiction should apply retroactively, allowing OSP to prosecute crimes affecting multiple circuits. The court first determined that the 2023 amendments were procedural and could be applied retroactively because they merely clarified which prosecutorial office had authority over certain cases without altering the elements of the crimes or punishments.
The court then applied the amended statute and held that the defendant’s actions did affect more than one judicial circuit. Specifically, the defendant’s voter registration application, though submitted in Broward County, was transmitted to the Florida Secretary of State in Leon County for verification, and his vote, though cast in Broward County, was processed in Leon County.
The court concluded that this multi-circuit involvement gave the OSP jurisdiction to prosecute the case. As a result, the court reversed the trial court’s dismissal of the charges and remanded the case for further proceedings.
Talk to a Trusted Clearwater Criminal Defense Attorney
If you are charged with a fraud offense, it is essential to understand your rights and possible defenses, and you should talk to an attorney as soon as possible. The trusted Clearwater fraud defense attorneys at Hanlon Law can inform you of your options for protecting your interests and help you to seek the best outcome possible. You can reach Hanlon Law through our online form or by calling 727-897-5413 to arrange a meeting.